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CIHM/ICMH 

Microfiche 

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Th«  copy  filmMl  h«r«  has  bMn  r«produe«d  thanks 
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tha  last  pega  with  a  printad  or  lllustratad  impraa- 
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othar  original  copiaa  ara  filmad  baglnning  on  tha 
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or  iliuatratad  impraaaion. 


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ahail  contain  tha  symbol  — ►  (moaning  "CON- 
TINUED"), or  tha  symbol  ▼  (moaning  "END"), 
whichavar  applias. 

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right  and  top  to  bottom,  as  many  frames  i  b 
required.  The  following  diegrams  illustrate  the 
method: 


Lee  imagea  auivantea  tint  *tA  raprodultes  avac  la 
plus  grand  aoin.  compta  tenu  cSd  la  condition  at 
da  la  nattet*  de  rexemplaire  film*,  et  en 
conformitA  avac  lea  conditions  du  contrat  de 
filmege. 

Lee  exemplalres  originaux  dont  la  couverture  en 
pepler  est  imprimte  sont  filmte  en  commen^ant 
par  la  premier  plat  et  en  terminant  soit  par  la 
darnlAre  page  qui  comporte  une  empreinte 
d'impresslon  ou  d'lllustration.  soit  par  la  second 
plat,  salon  la  cas.  Tous  las  autres  exemplalres 
originaux  sont  fllmte  an  commandant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impresslon  ou  d'illustration  et  en  terminant  par 
la  dernlAre  paga  qui  comporte  une  telle 
empreinte. 

Un  des  symboies  suivants  a^paraltra  sur  la 
darnlAre  imege  de  cheque  microfiche,  selon  ie 
cas:  la  symbols  — ►  signifie  "A  SUIVRE",  Ie 
symbols  ▼  signifie  "FIN". 

Les  certes.  planches,  tableaux,  etc..  peuvent  Atre 
fiimAs  A  des  teux  de  reduction  diff Arents. 
Lorsque  Ie  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clich*.  11  est  film*  A  partir 
de  I'tngle  supArisur  gauche,  de  gauche  h  droite. 
et  de  haut  en  has.  en  prenent  Ie  nombre 
d'Imagos  nAcassaira.  Les  diagrammes  suivants 
illustrsnt  la  mAthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

.#^ 


DISCOURSE 


ON  THK 


LAW  OF  RETALIATION, 


DBLITBRID  IN 


THE  NEW   BRICK  CHURCH, 


FEBBUARY  6,  1814. 


BY  JOHN  LATHROP^  D.  D. 

rASTOB  OF  SAID  CUORCH* 


PUBLISHED  BY  BEQUEST  OP  THE  HEARERS. 


BOSTON: 
nJBLISHKD  BT   JAMES   W.  BUROITT. 

1814. 


-  r 


r     ^     • 


!/• 


'f:-^  ' 


I    /;'     » ■  i    ,j    ' 


DISCOURSE. 


f  '*'J  •■( 


MATTH.  V.  38,  39. 


YE  HAVE  HEARD  THAT  IT  HATH  BEEN  SAID,  AN  EYE  TOR. 
AN  EVE,  AND  A  TOOTH  FOR  A  TOOTH.  BUT  I  SAY  UNTO 
you,  THAT  YE  RESIST  NOT  EVIL. 

IN  discou?  sing  from  these  words,  it  is  not  so 
much  my  intention  to  show  what  opinions  moral 
writers  and  writers  on  the  law  of  nature  and  of  na- 
tions have  expressed  concerning  the  doctrine  of  re- 
taliation, as  to  show  what  appears  to  have  been 
"  the  mind  of  Christ,"  and  what  comports  with  the 
religion,  which  he  founded,  and  which  we  profess. 

In  that  most  excellent  lecture  on  christian  moral- 
ity, which  our  Lord  delivered  on  the  mount,  he  ex- 
plained several  precepts  of  the  law  of  Moses,  in  a 
manner  very  different  from  that  in  which  they  had 
before  been  explained;  and  by  some  new  com- 
mands, which  he  saw  fit  to  give,  he  virtually  re- 
pealed certain  precepts  found  in  the  code  appoint- 
ed for  the  Hebrews, 

In  that  admirable  discourse,  Jesus,  among  other 
things,  called  the  attention  of  his  disciples,  and  of 


the  multitude  assembled,  to  a  statute  given  by  Mo- 
ses, which  was  supposed  to  tolerate  a  retaliation  of 
injuries.     "  Ye  have  heard  that  it  hath  been  said, 
"  an  eye  for  an  eye,  and  a  tooth  for  a  tooth."     That 
law  we  find  in  the  21st  chapter  of  Exodus.     It  may 
be  proper  to  inquire,  how  that   law  was  under- 
stood?   How  it  was  executed  under  the  Hebrew 
government?  Is  that  law  still  in  force?  What  ap- 
pears to  have  been  the  mind  of  Christ  with  respect 
to  it  ?    Will  the  doctrine  of  retaliation,  as  under- 
stood by  the  Hebrews,  comport  with  the  spirit  of 
the  christian  religion  ?  Correct  and  proper  answers 
to  these,  or  such  like  questions,  will  give  the  infor- 
mation which  we  seek  on  the  subject  now  before 
us. 

The  law  to  which  Jesus  directed  the  attention  of 
his  hearers,  in  the  text  we  are  now  considering,  is 
repeated  in  the  24th  chapter  of  Leviticus.  "  If  a 
"  man  cause  a  blemish  in  his  neighbour,  as  he  hath 
"  done,  so  shall  it  be  done  unto  him.  Breach  for 
"  breach,  eye  for  eye,  tooth  for  tooth.  As  he  hath 
"  caused  a  blemish  in  a  man,  so  shall  it  be  done  to 
"  him  again."  This  is  the  law  to  which  Jesus  called 
•the  attention  of  his  disciples,  and  the  people,  who 
were  at  that  time  assembled  to  hear  him.  This 
law  seems  to  require,  or,  at  least,  permit  the  judge 
to  inflict  the  same  evil,  in  kind  and  degree,  upon 
the  guilty  person,  which  the  guilty  person  had  in- 
flicted on  another.  This  is  what  is  generally  called 
retaliation.  It  is  not  only  rendering  evil  for  evil, 
but  it  is  rendering  the  same  kind  of  evil,  and  to  the 
same  degree. 

But  before  we  proceed  any  farther  we  will  in- 
quire, how  was  this  law  understood  ?  How  was  it 


it 


m4 


executed  under  the  Hebrew  dispensation  ?  Was  it 
understood  in  a  literal  sense  ?  And  was  the  judge 
bound  to  take  **  eye  for  eye,  and  tooth  for  tooth  ?'* 
Or  might  the  judge,  with  the  consent  of  the  injur- 
ed person,  order  that  compensation  be  made  in  mo- 
ney in  lieu  of  "eye  for  eye,  and  tooth  for  tooth  ?'* 
An  answer  must  be   sought  in  the  expositions, 
which  have  been  given  of  this  law,  if  any  approved 
expositions  have  been  preserved.   It  is  well  known, 
that  there  were  men  among  the  Hebrews,  at  the 
time  when  Jesus  was  on  the  earth,  called  lawyers, 
and  doctors  of  the  law,  whose  business  it  was  to 
study  and  expound  the  laws,  to  the  end  that  peo- 
ple, in  general,  might  understand  and  obey  them. 
Among  those  lawyers,  there  were  many,  to  be  sure, 
who  gave  strange  expositions ;  and,  by  propaga- 
ting wild  and  absurd  opinions,  corrupted  the  law. 
Against  such  men  our  Saviour  pronounced  the 
**  woe  unto  you,  ye  lav/yers  !"   But  we  cannot  sup- 
pose, that  all  of  that  profession,  that  all  the  ex- 
pounders of  the  law  of  Moses,  were  igncM-ant  or 
wilful  corrupters  of  the  law.     Although  the  age  at 
which  Christ  appeared  on  earth  was  an  age  of  gen- 
eral depravity,  there  were  excellent  people  still  re- 
maining.    What  better  peoj^e  are  now  to  be  found, 
than  were  Zacharias  and  Elizabeth  ?   We  have  the 
testimony  of  the  divine  word,  that,  while  members 
of  the  Jewish  church,  "  they  were  both  righteous, 
"  walking  in  all  the  commandments  and  ordinances 
"  of  the  Lord  blameless."     What  better  man  can 
now  be  found,  than  was  Simeon  the  just.    And  Si- 
meon  was  a  member  of  the  Jewish  church  :  he  was 
**  waiting  "  for  the  consolation  of  Israel,  and  the 
"  Holy  Ghost  was  upon  him."    What  better  wo- 


'f 


e 


i 


man  now  livelli,  than  was  Anna  the  prophetess  ? 
"She  departed  not  from  the  temple,  but  served 
**  God  with  fasting  and  prayer,  day  and  night."  Oth- 
ers might  be  named,  were  it  necessary,  who  shone 
as  lights  at  that  age  of  darkness  and  general  corrup- 
tion ;  and  we  can  have  no  doubt,  but  there  were, 
in  the  Jewish  church,  at  the  time  when  Jesus  was 
born,  and  after  he  left  the  world,  pious  and  learned 
men  among  the  Hebrews,  who  endeavoured  to 
make  themselves  acquainted  with  the  laws  of  Mo- 
ses, and  from  whose  comments  we  may  learn  how 
those  laws  were  understood,  and  how  thev  were  ex- 
ecuted. 

From  the  best  expositions,  which  have  come  to 
our  knowledge,  it  certainly  appears,  that  the  men, 
who  were  entrusted  with  the  execution  of  the  He- 
brew laws,  did  not  consider  themselves  bound,  in  all 
cases,  to  execute  the  law  now  before  us  literally 
as  it  stands  in  the  sacred  books. 

The  injured  person  might  choose,  whether  the 
man,  who  had  maimed  him,  or  had  put  out  an 
eye,  or  struck  out  a  tooth,  should  be  maimed  in 
like  manner,  and  compelled  to  lose  an  eye  or  a 
tooth,  or  should  be  obliged  to  make  such  com- 
pensation in  money  as  might  be  judged  equivalent. 
"  The  Jewish  doctors,"  says  Dr.  JVhitbyy  "  gen- 
"  erally  maintain,  that  the  punishment  of  an  eye 
"  for  an  eye,  or  a  tooth  for  a  tooth,  might  be  rc» 
deemed  by  money."  Josephus,  a  learned  Jew, 
who  must  have  been  well  acquainted  with  the  an- 
cient laws  and  customs  of  that  nation,  has  the  fol- 
lowing paragraph  in  the  first  book  of  his  Antiquities : 
"  He  diat  strikes  out  another  man's  eye,  shall  for- 
'*  feit  his  own,  and  make  satisfaction  in  kind,  an  eye 


,1 

A 

•t. 

I 


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t< 


C( 


l( 


'■W 


"  for  an  eye,  unless  he  shall  think  fit  to  com* 
"  pound  for  it  with  money  ;  for  the  law  will  so  far 
**■  allow  a  man  to  be  a  judge,  in  his  own  case, 
"  where  he  shall  think  it  fit  to  moderate  the  rii^our 
*'  of  a  penalty  for  an  injury  done  to  himself.'* 
The  most  approved  commentaries  on  the  law  of 
Moses  are  quoted,  as  supporting  the  moderate  ex- 
planation of  the  doctrine  of  retaliation,  which  is 
here  given  by  Josephus. 

But  if  there  was  a  law,  under  the  Jewish  dispen- 
sation, which  gave  a  person,  who  had,  by  assault 
and  violence,  lost  an  eye  or  a  tooth,  liberty  to  de- 
mand an  eye  or  a  tooth,  from  the>  man,  who  had 
thus  injured  him,  is  that  law  still  in  force  ?  What 
do  we  find  to  have  been  the  mind  of  Christ  as  to 
this  subject  ?  Would  such  retaliation  of  an  injury 
comport  with  the  temper  of  the  gospel,  and  the 
spirit  of  the  christian  religion  ?  To  such  questions, 
I  believe,  our  text  will  furnish  sufficient  answers. 
"  Ye  have  heard  that  it  hath  been  said,  an  eye  for 
*'  an  eye,  and  a  tooth  for  a  tooth ;  but  I  say  unto 
"  you,  that  ye  resist  not  evil.'*  •       ,        . 

,  Here  we  have,  what  may  be  considered,  a  new 
law,  for  surely  the  word  and  command  of  Christ  is 
a  law,  and  ought  to  be  considered,  by  all  who  call 
Jesus  their  master,  a  law,  which  they  are  bound  to 
obey.  Here  we  find  a  new  law  opposed  to  that 
old  law  of  retaliation,  which  was  given  by  Moses. 
That  old  law,  therefore,  however  it  might  have 
been  understood  and  expounded  by  the  Jewish 
doctors,  seems  to  have  been  repealed  and  done 
away,  by  the  command  of  the  Son  of  God,  expres- 
sed in  the  last  clause  of  our  text.  ; .  >  ; 


8 


V 

'),■ 


The  expounders  of  the  law,  wliich  we  have  been 
considering,  agree,  that  the  injured  person  might, 
if  he  were  so  inclined,  demand  retaliation  in  kind  ; 
that  is,  he  might  demand,  that  the  person,  who  had 
maimed  him,  or  deprived  him  of  an  eye  or  a  tooth, 
ahould  be  maimed  in  the  same  way,  aod  be  obliged 
to  suffer  the  same  kind  of  loss  and  pain.  It  seems 
to  have  been  left  to  the  injured  person  to-  choose, 
whether  he  should  be  compensated  with  money, 
or  have  the  law  executed  literally.  It  is  said,  how- 
ever,  that  few  people  among  the  Jews  were  so  cruel, 
as  to  demand  "  eye  for  eye,  or  tooth  for  tooth  ;*' 
and  as  learned  expounders  of  the  kiw  gave  their 
judgment  that  retaliation  in  kind  and  degree,  might 
be  dispensed  with,  in  most  cases  a  pecuniary  com- 
pensation was  preferred.  It  was  in  the  power  of 
the  injured  person,  however,  to  demand  "  eye  for 
*^  eye,  and  tooth  for  tooth ;"  and  this  kind  of  punisl^ 
ment,  this  retaliation  of  evil  for  evil,  seems  to  have 
been  the  very  thing  forbidden  by  our  great  master. 
To  demand  retaliation  in  kind  would  have  been, 
**  to  resist  evil :"  it  would  have  been  contrary  to 
the  conainand  of  Clirist ;  and  contrary  to  the  spirit 
of  the  cbrbtian  religion.  '• 

It  is  to  be  observed,  that  the  law  under  con- 
aeration,  never  gave  liberty  to  any  individual  sv>l>. 
ject,  to  retaliate  his  own  wrongs.  If  a  man,  by  an 
act  of  violence,  were  maimed,  or  deprived  of  an  eye^ 
or  a  tooth,  the  law  did  not  give  him  liberty  to  in- 
flict  a  like  injury  in  a  sudden  manner,  and  in  his 
own  way.  He  must  make  his  complaint  to  the 
judge,  and  the  assault  being  proved,  he  was.  then  at 
liberty,  either  to  receive  the  awarded  compensation, 
or  require  the  law  to  be  executed  in  all  its  severity. 


9 


But  this  kind  of  severity,  in  retaliating  an  injury, 
was  not  allowed  by  the  Son  of  God ;  a  punishment 
so  severe  and  cruel,  those  who  professed  subjection 
to  him,  must  not  require.  The  Icamed  com- 
mentator before  mentioned  (Dr.  Whitby)  observes, 
*'  Christ  forbids  the  christian  something  which 
was  permitted  to  the  Jew.'*  The  thing  permitted 
to  the  Jew,  when  injured  in  any  of  the  ways  men- 
tioned in  the  passage  where  the  law  is  recited,  was, 
that,  if  he  saw  fit,  he  might  demand  retaliation  in 
kind  ;  but  Mw,  which  would  be  to  "  resist  evil," 
is  absolutely  forbidden  the  christian,  in  the  words 
which  make  the  closing  part  of  our  text. 

We  have  now,  perhaps,  said  as  much  as  may  be 
necessary  in  answer  to  the  questions  proposed  at 
the  beginning  of  this  discourse  ;  and  I  believe  we 
are  now  able  to  understand,  what  was  the  mind  of 
Christ,  with  respect  to  the  law  of  retaliation.  You 
will  please  to  attend  to  such  remarks  and  observa- 
tions, as  may  naturally  rise  from  the  subject,  and 
from  the  thoughts  which  have  already  been  sug- 
gested.   And, 

1.  The  subject  and  the  thoughts,  which  have 
been  suggested,  lead  us  to  admire  and  to  love  the 
christian  religion.  This  religion  is  mild  and  gen- 
tle, as  was  its  author.  It  may  be  supposed,  that 
the  men  of  the  world,  men  of  fashion  and  gaiety, 
will  not  be  pleased  with  this  religion,  because  it 
brings  restraints  with  it,  and  will  not  allow  them  to 
resent  injuries  in  their  own  way,  and  render  evil  for 
evil.  Men  of  high  spirits,  when  injured  in  person, 
in  property  or  character,  are  in  haste  to  avenge 
themselves.  They  cannot  be  pleased  with  a  relig- 
ion, which  requires  them  to  suppress  their  resent- 
2 


/ 


IP" 


'■?'VB.r.«"«f^*    M.»' 


10 


lii 


if. 


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I 

i! 


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t 


.til 


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11 


I 


«'?; 


in 


ments,  and  commit  their  cause  to  a  well  regulated 
tribunal.  And  if  they  cannot  be  easily  persuaded 
to  wait  until  the  judge  shall  declare  what  compen- 
sation they  shall  receive  for  the  injuries,  which  they 
have  suffered,  it  can  hardly  be  supposed  they  will 
be  willing  to  forgive  their  enemies,  and  pray  for 
those,  who  have  spoken  evil  of  them,  and  persecu- 
ted them.  •-  -'  ■■"'  -'^  '  r-  -•  -  ^'^  :.--^^- 
But  the  effects  of  this  religion,  although  despised 
by  the  high-minded  children  of  men,  would  be  in- 
expressibly beneficial  to  mankind,  were  it  univer- 
sally received.  This  religion  breathes  nothing  but 
peace  and  good  will.  The  spirit  of  this  religion  is 
opposed  to  violence  and  strife,  and  every  species  of 
warfare,  except  that  which  is  necessary  to  defence. 

2.  As  the  spirit  of  the  christian  religion  is  mild 
and  gentle,  those,  who  sincerely  embrace  this  reli- 
gion, will  resemble  iheir  Lord  and  Master  in  their 
temper  and  conduct.  "  If  it  be  possible,  as 
"much  as  lieth  in  them,  they  will  live  peaceably 
"  with  all  men."  The  true  subjects  of  the  Prince 
of  Peace  will  be  the  last  men  on  earth  to  blow  the 
trumpet  of  war.  They  will  never  take  the  sword 
but  in  defence  of  rights  highly  important,  and  such 
as  are  essential  to  their  safety  and  happiness.  Men, 
therefore,  M'ho  are  in  haste  to  make  war,  and  are 
among  the  first  to  excite^  their  brethren  to  deeds  of 
violence  and  blood,  arc  not  true  subjects  of  the 
Prince  of  Peace  ;  but  are  in  subjection  to  him, 
who  first  excited  rebellion  and  war  among  the  crea- 
tures of  God. 

3.  It  will  follow,  as  a  just  inference  from  what 
has  been  said,  that  the  practice  of  retaliating  inju- 
rieSf  which  has  been  too  long  tolerated,  even  in 


^ 


11 

christian  countries,  is  contrary  to  the  spirit  of  the 
gospel,  and  the  express  prohibition  of  Jesus,  who 
came  to  teach  the  perfect  will  of  the  Father,  both 
by  word  and  by  example.  We  need  no  farther  ev- 
idence, than  is  found  in  the  text,  which  we  have 
been  considering,  to  prove,  that  the  Son  of  God 
will  not  allow  the  subjects  of  his  government  to 
retaliate  injuries.  "  Ye  have  heard  that  it  hath 
**  been  said,  an  eye  for  an  eye,  and  a  tooth  for  a 
"  tooth ;  but  I  say  unto  you,  that  ye  resist  not 
*'evil."    . 

Under  the  Jewish  dispensation,  a  man  who  had 
been  injured,  and  by  an  act  of  violence  had  lost  an 
eye  or  a  tooth,  might  not  take  satisfaction  in  his 
own  way  by  inflicting  a  like  injury.  He  must  sub- 
mit his  cause  to  the  judge,  and,  when  the  fact  was 
proved,  he  might  choose  whether  to  receive  com- 
pensation in  money,  or  require,  according  to  the 
phrase  in  common  use,  "  eye  for  eye,  and  tooth  for 
"  tooth.*'  But  this  part  of  the  law  appears  to  have 
been  done  away  by  the  prohibition  in  the  text. 
The  Son  of  God  would  not  allow  the  subjects  of 
his  government  to  indulge  a  spirit  of  revenge  :  he 
would  not  permit  his  disciples  to  do  what  had  been 
tolerated  under  the  Jewish  law. 

4.  If  private  christians  may  not  retaliate  injuries 
by  rendering  evil  for  evil,  christian  rulers  arc  no 
doubt  under  the  same  restraint.  Rulers  of  chris- 
tian countries,  of  nations  and  kingdoms,  where  the 
christian  religion  is  generally  jM-ofessed,  ought  to 
examme  the  subject,  which  wc  have  been  consider- 
ing, with  care,  and  be  extremely  cautious  lest  they 
offend  the  Son  of  God,  by  setting  up  a  rule  in  the 


12 


i1 


I;' 

I 
I 

i 

u 
'I 

\ 
I 


,;i 


l!( 


.'i 


infliction  of  punishment,   contrary  to  his  positive 
order. 

When  one  nation,  for  no  just  cause,  makes  in^. 
roads  on  the  rights  of  another,  the  injured  nation 
may,  no  doubt,  take  up  arms  in  its  own  defence. 
There  is  nothing,  in  the  religion  of  the  Prince  of 
Peace,  which  forbids  such  kind  of  warfare.     Our 
Lord  let  his  disciples  know  the  time  might  come, 
when  they  would  need,  and  of  consequence  might 
make  use  of  swords,  and  therefore  gave  the  following 
direction,  (Luke  xxii)  "  He  that  hath  no  sword, 
*'  let  him  sell  his  garment  and  buy  one."     But 
that  kind  of  warfare,  which  is  tolerated  by  the  gos- 
pel, is  altogether  defensive^  and  is  as  different,  as 
can  be,  from  the  warfare  which  is  carried  on  by  the 
sons  of  pride  and  ambition  for  purposes  of  con- 
quest and  fame.     But  if  christian  nations  may  take 
the  sword,  only  in  defence  of  their  persons,  their 
rights,  and  their  country,  when  invaded,  they  are 
not  permitted  to  retaliate,  according  to  the  common 
meaning  of  the  term.     If  one  nation  invades  anoth- 
er, and  lays  waste  by  fire  and  sword ;  and  the  in- 
jured nation,  to  retaliate  its  wrongs,  invades  in  turn, 
and  burns  and  destroys,  the  countries  in  which 
such  savage   warfare  is  prosecuted,  must,  in  the 
end,  be  depopulated.     This  is  the  worst  kind  of 
warfare  ;  it  is  the  warfare  of  barbarians  ;  and  those, 
who  begin  it,  in  any  country,  deserve  the  execration 
of  mankind,  and  will  sooner  or  later  meet    the 
vengeance  of  heaven.  «;    . 

5.  If  it  be  contrary  to  the  spirit  of  the  gospel 
for  christian  rulers  to  carry  on  a  war  of  retaliation 
against  a  nation  which  has  made  war  upon  them, 


wmm' 


13 


it  will  be  plain,  that  christiati  rulers  may  not  retali- 
ate on  innocent  subjects  of  an  enemy  nation  inju- 
ries, which  the  rulers  of  that  enemy  nation  may 
have  exercised  on  captives  cr  other  subjects,  which 
such  enemy  nation  may  have  in  his  power. 

This  is  the  most  cruel  sort  of  retaliation  ever 
threatened  by  civilized  man  ;  and  happy  is  it  for  the 
world,  that  so  many  good  men  have  remonstrated 
against  it,  that  few,  who  have  had  it  in  their  power, 
were  sufficiently  hard-hearted  to  execute  what  they 
have  sometimes  threatened.  For  nation  to  retaliate 
on  nation^  in  open  war,  burning  for  burning,  and 
devastation  for  devastation,  is  too  bad  for  christian 
rulers  to  encourage,  and  is  a  kind  of  warfare,  which 
one  would  suppose  must  make  a  barbarian  shudder. 
But  if  such  kind  of  warfare  is  too  bad  for  any 
christian  rulers  to  encourage,  what  must  we  think 
of  die  kind  of  retaliation  which  was  last  mentioned  ? 
What  must  we  think  of  the  rulers  of  any  nation, 
who,  in  cool  blood,  can  take  the  innocent  subjects 
of  another  nation,  and  put  them  to  death,  to  retali- 
ate the  supposed  wrongs,  which  that  other  nation 
may  have  committed  ?  What  must  all  good  men 
think  of  such  retaliation  ?  I  will  not  express  my 
own  thoughts,  for  I  am  not  master  of  language 
strong  enough,  were  I  to  make  the  attempt.* 

You  will  recollect,  that  at  the  beginning  of  this 
discourse  I  observed, — "  It  is  not  so  much  my  in- 
tention to  show  what  opinions  moral  writers,  and 
writers  on  the  law  of  nature  and  of  nations  have 
expressed  concerning  the  doctrine  of  retaliation,  as 
to  show  what  appears  to  have  been  the  mind  of 


•  See  Note  A. 


▼ 


i 


I 


14 


Christ,  and  what  comports  with  the  religion  which 
he  founded,  and  which  we  profess." 

If,  on  inquiry,  we  should  find,  that  the  best 
of  those  writers  were  in  favour  of  the  doctrine  in 
question,  and  find,  also,  that  Christ  expressed  him- 
self strongly  against  it,  we  should  think  ourselves 
bound  to  submit  to  the  authority  of  Christ,  rather 
than  to  tlie  authority  of  men,  however  learned  and 
wise,  and  however  much  their  opinions  may  have 
been  respected  ;  and  I  am  very  much  mistaken,  if 
it  has  not  been  made  to  api^ear,  that  retaliation^  as 
commonly  understood,  is  directly  contrary  to  the 
doctrine  of  Christ,  and  the  spirit  of  his  gospel. 

We  may,  therefore,  conclude,  that  were  the  Son 
of  God  now  in  the  world,  and  to  give  his  opinion 
on  the  subject,  which  we  have  been  considering,  it 
would  be  similar  to  that  which  he  gave  about 
eighteen  hundred  years  ago.  We  may  conceive 
that  he  would  speak  to  a  multitude  convened  to 
hear  him,  as  he  spake  to  his  disciples  and  the  mul- 
titude, seated  at  the  foot  of  the  mount.  "  Yc  have 
heard  that  it  hath  been  said,  by  the  expounders 
of  your  laws, — ^ye  may  retaliate  the  injuries, 
which  ye  sufier  from  one  another  in  times  of 
war, — ^ye  may  render  evil  for  evil,  burning  for 
burning,  devastation  for  devastation  ;  and,  in  some 
eases,  ye  may  take  away  the  lives  of  innocent  sub- 
jects of  an  enemy  nation,  when  such  are  in  your 
power,  to  retaliate  (or  wrongs  done  to  your  nation, 
or  to  the  subjects  of  it ;  but  I  say  unto  you,  that 
ye  resist  not  evil  in  any  of  those  ways.  If  your 
enemies  liave  acted  like  savages,  take  heed  that  ye 
do  not  as  they  have  done.     If  your  enemies  have 


IS 


been  cruel  in  the  treatment  which  they  have  show- 
ed to  you  or  to  your  brethren,  take  heed  that  ye  be 
not  cruel  also.  If  your  enemy  have  shed  the  blood 
of  prisoners  and  captives  unjustly,  take  heed  that 
ye  be  not  guilty  of  the  same  abominable  wicked- 
ness." In  some  such  language,  but  in  a  manner 
infinitely  more  pointed  and  impressive,  we  may 
suppose,  were  the  Son  of  God  now  on-  earth,  he 
would  give  his  opinion  on  the  subjcct^of  retaliation'. 
The  mind  of  Christ  is  the  same  now  that  it  was 
eighteen  hundred  years  ago.  He  then  abhorred  in- 
justice and  cruelty,  he  now  abhors  them.  He  then 
forbade  his  disciples  and  those,  who  attended  on 
his  preaching,  the  retaliating  of  evils,  and  were  he 
now  in  the  world  he  would  forbid  the  same  thing. 

I  have  now  said  what  I  proposed  to  say  ;  and  if 
it  be  made  plain,  that  the  mind  of  Christ,  and  the 
spirit  of  his  religion  be  against  the  retaliation  of  in- 
juries, as  understood  and  practised  by  thq  men  of 
the  world,  serious  christians  are  bound,  by  the  re- 
gard which  they  have  for  their  Lord  and  Master,  to 
bear  their  testimony  against  a  practice  so  inhuman 
and  cruel.  y  '  . 

Let  as  now  turn  our  eyes  from  the  awful  scenes, 
which  a  country  presents,  where  war  has  raged,  and 
where  contending  armies  have  retaliated  injuries  on 
each  other.  Let  us  turn  from  burning  towns,  from, 
countries  laid  waste,  women  and  children  driven 
from  the  comforts,  which  the  labours  of  the  sum- 
mer season  had  provided  for  them,  and  perishing 
in  want.*  Let  us  turn  from  an  unrighteous,  an 
unnecessary  and  ruinous  war,t  and  pray,  that  he. 


•  See  Note  B^ 


t  NoteC. 


■I 


16 


who  ruleth  in  the  heavens,  would  have  mercy  upon 
us ;  that  he,  who  loveth  righteousness  would  pro- 
tect and  save  us ;  and  grant,  that  being  delivered 
from  our  enemies,  and  from  all,  who  in  any  ways 
obstruct  our  prosperity  and  happiness,  we  may 
serve  the  Lord  without  fear,  in  peace  and  *'  in  ho- 
**  liness  all  the  days  of  our  life' 


^f* 


A 


T- 


upon 
pro- 

^rered 

ways 
may 

n  ho- 


,.^% 


APPENDIX. 


T       I 


>r 


't* 


* 


,3)  "  NOTE    A.       PAGE    13. 

THE  "war  between  Great  Britain  and  the  Unit- 
ed States  of  America  seems  to  be  taking  a  character,  which 
threatens  uncommon  distress,  not  only  to  such  as  may  be  in  ac- 
tual service,  but  to  the  innocent  subjects  of  both  nations.  When 
nations  at  war  adopt  a  ruinous  system  of  retaliation,  and  return 
not  only  slaughter  for  slaughter,  but  burning  for  burning,  the 
war  is  no  longer  honourable,  whatever  the  object  at  first  may 
have  been  ;  it  assumes  a  savage  character,  and  becomes  a  war  of 
barbarians. 

It  is  not  for  me  to  say,  which  of  the  present  contending  powers 
gave  the  first  olFence,  and  provoked  the  other  to  retaliat<?.  The 
faithful  historian  will  inform  posterity,  how  the  present  war  be- 
gan, anrl  how  it  has  been  conducted ;  wt|o  first  sat  Are  to  towns 
and  villages ;  to  the  houses  of  unolTending  husbandmen  ;  the 
ll^tls  of  peaiiants,  and  of  the  natives  of  the  wilderness. 

But  another,  and  it  is  believed  quite  a  new  kind  of  retalia- 
tion, has  of  late  calh d  up  the  publick  attention,  and  threatens 
the  last  extreme  of  misery  to  such  unhappy  persons  as  may  be 
held  to  suflfjr  under  it.  I  hope  we  shall  give  no  offence,  it  we  ia- 
qu|re,  whether  there  be  any  law  now  in  existence,  by  which  the 
innocent  subjects  of  any  country  may  lie  seized,  confined  in  pris- 
on, and  put  to  death,  because  the  government  of  their  country 
has  unjustly  punished  the  subjects  of  the  government  thus  re- 
taliating ?  If  there  be  any  such  law,  where  sliall  Ave  find  it  ? 
Perhaps  among  the  laws  of  Draco,  which  we  are  informed' 
"were  written  in  letters  of  blood  I"  Those  laws,  however,  were 
done  away  by  Solon,  a  less  speculative,  but  a  much  wiser  and 
more  practical  legislator.  We  find  something  in  the  Roman 
laws  of  the  twelve  tables,  concerning  the  retaliation  of  injuries, 
but  what  is  there  written  does  not  apply  to  the  doctrine  now  at- 
tempted to  be  establitlied ;  it  is  almost  verbatim  from  the  law  of 
Moses. 

Writers  on  the  law  of  nature  and  of  nations  hold,  that  inju- 
ries may,  under  certaiu  circumstances,  be  retaliated ;  but  the 


f: 


-V 


^i^ 


18 


<  Xficisc  of  sucU  a  Jaw  is  fo  ipstriclcd,  tlmt  it  is  believed  no 
iiiitlioiity  can  hv  dciivcd  from  tb^muHt  apj)iovetl  of  those  wri- 
ters, to  sii|i|)ort  the  principle,  that  the  innocent  sulyects  of  any 
cirilizcd  nation  may  be  seized  and  executed,  because  tJie  govern- 
iiHiit  of  tiiat  nation  has  been  guilty  of  a  very  unjust  and  cruel 
action.  Tlie  following  passages  from  Vatlel  are  much  to  our 
purpose  :  '-When  the  war  is  with  a  ,savaf!;c  nation,  vhicb  ol»- 
'•  serves  no  rules,  and  never  givrs  quarter,  it  niay  be  chastised 
"  in  the  peitons  of  any  seized  or  taken,  tlx^y  are  among  the  guil- 
"  ty.  that  l)y  this  rigour  tliey  may  bo  brought  to  conform  to  th«! 
"  laws  of  humanity.  But  whenever  severity  is  not  absolutely 
'  necei-sary,  clemency  is  to  be  used.  He,  who  has  the  mo8t  just 
"  cause  to  punish  a  sovcrciirn  as  his  enemy,  will  always  incur  the 
"  reproach  of  cruelty,  should  he  cause  the  punishment  to  fall  ou 
"  the  innocent  people !  Sciplo's  generosity  is  to  be  imitated. 
"  That  great  man  having  reduced  some  Spanish ;n'tncf.v,  who  had 
"  revohed  against  the  Romans,  declared  to  them,  that,  ou  a 
"  breach  of  ijicir  faith,  he  Mould  not  call  the  innocent  hostajnea 
"to  an  account,  but  thcnisehcs.  Alexander  the  Great  having 
"cnui;e  of  complaint  against  Darius  for  some  mal-practices  sent 
"hitn  word,  that  if  he  continued  to  make  war  in  such  a  manner, 
"he  would  pursue  him  to  the  utmost,  aiul  give  no  quarter." 
''  It  hlhun  an  enemy,  violating  the  laws  of  Mar,  is  to  be  checjted, 
"  and  not  by  causing  the  peualty  due  to  the  crime  to  fall  ou  m- 
"  nocait  victims.''^ 

Viiirciulorf  is  equally  mild  and  christian-like  in  what  he  says 
about  retaliation  ;  "  In  one  of  the  laws  of  the  Twelve  Tables," 
says  he,  "  it  is  instituted,  that  the  man  who  breaks  another's 
"  limbs,  iniless  he  can  make  his  peace,  and  compound  with  hlin, 
•  t'hall  sutTer  the  like  \"  but  adds,  "  it  is  plain  from  the  institute 
•'  <fc  injiiriis,  that  retaliation  was  grown  out  of  use  at  Rome." 

It  may  be  well  to  iiuiuire,  and,  if  possible,  to  satisfy  our- 
i^elvcp,  whether  or  not  there  be  any  law ef  the  United  States,  or 
of  the  coiniiionMeallh  of  Massachusetts,  by  which  the  innocent 
subjects  of  any  country  whatever,  may  be  seized,  imprisoned, 
and  piit  to  death,  because  the  government  of  their  country  has, 
in  the  opinion  of  our  government,  unjustly  confined  and  put  to 
d(  ath,  persons  whom  our  government  claims  as  subjects,  and  who 
:'jc  claimed  also  by  the  government,  which  so  condemns  and 
punishes  tliem.  And  if  there  he  no  law  in  our  free  country, 
thus  to  condemn  and  put  to  death  iimocent  persons,  where  is 
tjie  jcdge  «ho  Avill  pronounce  the  sentence  of  death  ?  Where 
is  the  niarehal  m  ho  would  venture  to  execute  them  ? 

As  tlie  doctrine  of  retaliation  has  of  late  excited  g'eat  intc- 
est,  I  have  endeavoured  to  ascertain  tlie  numbers  ot  innocent 
Hrifish  and  American  subjects,  which  have  been  seized,  and 
hold  in  conftuemeut.     See  bottom  of  Note  {B.) 


19 


lieved  no 
lliosc  wri- 
ts of  any 
e  govern- 
;)ii(t  riiicl 
uli  (0  our 
ivliirb  olv- 
chastise«l 
the  fjHiI- 
rm  to  thfi 
ibsolutely 
mo8tJusl 
incur  the 
to  fall  nu 
imitated. 
,  Mho  had 
hat,  on  a 
hostages 
at  having 
slices  sent 
a  manner, 
quarter." 
checj^ed, 
fall  on  }>{• 

it  he  saj  s 
'  Tables," 

another's 
with  him, 
e  institute 
Lome." 
jsfy  our- 
States,  or 

innocent 
prisoned, 
mtry  has, 
id  put  to 
,  and  who 
imns  and 

country, 

where  is 
?  Where 

eat  inte'- 

innocent 

izcd,  and 


KOTE   B.      PACK    15. 

OUR  compassion  has  lately  been  called  into  painful 
exercise,  by  the  suflerings  of  many  innocent  people,  whose 
houses  have  been  burnt,  by  what  I  fear  w  ill  be  found,  a  wanton 
exercise  of  military  power  on  one  side,  and  by  retaliating  ven- 
geance on  the  other. 

By  (juotingfrom  a  proclamation  of  the  commander  of  the  Bri- 
tish forces  ill  IS'orth  America,  I  sliall  not  be  underbtood  as  acced- 
ing in  the  smallest  degree  to  his  reasoning  ;  for  I  condemn  the 
practice  of  retuliatiiig  injuries  altogether,  as  immoral,  aud  con- 
trary to  the  command  of  Christ.  I  therefore  quote  the  words 
of  Lieut.  General  Provost,  merely  as  reasons  which  he  offers 
for  a  painful  act  of  retaliation. 

"  The  complete  success  which  has  attended  his  majesty's 
"arms  on  the  Niagara  frontier  having  placed  in  our  possession 
"the  whole  of  the  enemy's  posts  on  that  line,  it  became  a  mat- 
"  ter  of  imperious  duty  to  retaliate  on  America  the  miseries, 
'•  whicli  the  unfortunate  inhabitants  of  Newark  had  been  made 
"  to  suflcr  upon  the  evacuation  of  Fort  George. 

"  The  villages  of  Lewistown,  Black  Rock,  and  Buffalo  have 
"  accordingly  been  burned. 

"  At  the  same  time  that  his  excellency  the  commander  of  the 
"  forces  sincerely  deprecates  this  mode  of  warfare,  he  trusts  that 
"  it  will  be  suflicicnt  to  call  the  attention  of  every  candid  and 
"  impartial  jurson,  both  amongst  ourselves  aud  the  enemy,  to 
"  the  ciicuniHtances  from  which  it  has  arisen,  to  satisfy  them,  that 
"  this  departure  from  the  established  usages  of  war  has  origina- 
"  ted  w  Uh  America  herself,  and  to  her  alone  are  justly  chargea- 
*-ble  all  the  awful  and  unhappy  consequencea,  which  have 
"  hilhevlo  llowed,  and  are  likely  to  result  from  it." 

From  sources  of  the  bcist  information,  the  author  of  the  pre- 
ceding disconise  is  able  to  lay  before  the  publick  the  follow- 
lowing  account  of  the  proceedhigs  of  tlie  Americau  and  the  Bri- 
tish governments  on  the  system  of  retaliation  which  has  lately 
been  adopted.     It  appears,  that 

23  American  prisoners  were  arrested,  as  Biitish  subjects,  by 
the  English  government  in  Canada.     That 

23  British  prisoners,  in  retaliation,  were  confined  by  the 
American  government.     That 

46  Americans,  in  retaliation,  were  confined  by  the  English 
government.     That 

46  British  subjects,  in  retaliation,  were  confined  by  the  Amer- 
ican government.  That,  after  this,  orders  were  issued 
for  the  confinement  of 

92  American  prisoners.  "  Seventy  were  actually  confined  at 
fTalifax,  on  board  the  prison  ship  Success :  that  as  soon  as 


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a  Buflicicnt  number  of  either  govemment,  privateer,  or 
letter  of  marque  priHOuers  should  be  taken,  the  number 
vioulA  be  completed :  that  the  ofiicera  aud  ov  nen  of  the 
-whale  ships,  M-hich  sailed  before  Uie  declaration  of  war, 
urould  be  exceptions,  and  on  that  account  a  part  of  the  sev* 
eoty  had  been  released  ;  but  that  the  order  was  actual!}'  is- 
sued, and  would  be  put  into  execution  !"  • 


.'*»i 


.ft 


NOTE    C.      PAO£    15. 


If  we  may  judge  from  what  we  cxpeiicnce,  from  what 
uur  eyes  b«hold,  and  from  the  memorials  of  a  sufrering  peo* 
pie,  especially  in  the  northern  and  eastern  parts  of  the  United 
States,  we  shall  be  bold  to  say,  the  present  war,  in  which  our 
country  is  oi^agud,  is  tmnccessary  and  ruinous.  Wc  need  uo 
pther  evidence,  than  the  objects  continually  before  us,  to  prove, 
that  the  war,  with  its  extraordinary  accompaniments,  has  ruined 
our  commerce  ;  and  if  the  prosperity  of  the  cabteru  slates  de- 
pend on  commeixe,  the  ruin  of  commerce  must  be  the  ruin  of 
this  section  of  the  union.  The  commerce  of  tlie  American  States, 
it  is  confessed,  was  greatly  injured  by  the  orders  and  decrees  of 
the  great  European  belligerents  :  it  was  still  more  injured  by 
ceirtaiQ  restrictive  measures,  such  as  a  non-iuterccurse  and  em- 
bargo before  the  war.  The  living  pn'nciple  of  commerce,  how- 
ever, remained  after  the  war  was  declared,  aud,  by  a  little  at- 
tention, might  have  been  preserved,  and  kept  in  action ;  but  the 
late  embargo  act  was  like  a  fatal  stroke  of  the  palsy  ;  it  has  de- 
stroyed all  motion,  and  put  a  stop  to  the  pulse  of  litie.   . 

Look  at  your  harbour,  and  you  will  scarcely  see  a  sail  spread 
to  the  wind  of  your  own  canvass.  Look  at  your  slilpb,  which 
ought  to  be  employed  in  bringing  weakh  from  every  quarter  of 
the  world,  perishing  with  the  weather,  and  rotting  in  the  docks. 
Look  at  your  wharves,  where  you  have  been  accustomed  to  be- 
hold enterprise  and  activity,  now  wholly  forsaken,  unless  here 
and  ther^  a  wanderer,  to  gaze  at  fallen  greatness,  and  sigh  for 
better  time-j!  Look  every  vheie,  and  your  eyes  will  witness, 
Ibat  the  war  has  iutherto  been  ruinous  ;  and  if  ruibous,  certain- 
ly unnicessary ;  for  surely  no  people  are  bound  to  min  them- 
selves. And,  in  addition  to  the  ruin  of  commerce,  and  the  otli- 
er  calamities  attending  the  war,  a  debt  is  accumulating  upon  us, 
beyoud  all  example.  Under  the  intolerable  burden,  our  chil- 
dren and  children's  children  will  groan,  and  call  each  one  to  his 

fellow,  ('  TKUL  VS  WHAT  MIGHTY  BOON  WAS  PUROUASKO  FOR  VS, 
AT  SVCB  VAST  ESr^N^S  ?" 

'/.  .»•'•  'j'tn-k  !Ut:^fjn  fn'i^7'  ■■jT"*""     •'"■  ■'^v'^'"^J  .-i''^r-'^:,f  ',9 


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